सं Samvidhan

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 192

Diary of proceedings in investigation

Why this exists

This provision continues a rule going back to the Criminal Procedure Code of 1898/1973 (as Section 172 CrPC), designed to make police investigations transparent and traceable for the court's internal use, while protecting the fairness of trial. The diary lets a judge see the chronology and reasoning of an investigation without turning the investigator's private notes into evidence that could unfairly influence the trial or be misused by either side. It balances judicial oversight of police work against the risk of the diary being treated as proof of guilt or being weaponized to embarrass the defence.

How courts read it

Indian courts have consistently held that the case diary is an aid to the court's understanding, not evidence in itself — a position affirmed in cases such as the Supreme Court's rulings interpreting the predecessor Section 172 CrPC. Courts have clarified that an accused has no general right to inspect the diary, but if the investigating officer refers to it to refresh memory in the witness box, or if the court uses it to confront the officer with contradictions, the ordinary evidentiary safeguards for such situations must be followed, giving the defence a limited, conditional right to that specific portion. Courts have also stressed that the diary should be maintained honestly and contemporaneously, not fabricated after the fact to justify actions taken during investigation.

Common misconceptions
  • Myth: The accused can demand to read the full police case diary during trial.
    Fact: The law specifically says the accused and their lawyers cannot call for or see the diary just because the court referred to it; only limited access arises if the officer uses it to refresh memory or the court uses it to contradict him.
  • Myth: The case diary is treated as evidence proving the facts written in it.
    Fact: The provision explicitly states the diary can be used by the court only to aid understanding of the case, not as evidence of the truth of its contents.